Motion to dismiss filed in forgery case
Published 12:34 pm Saturday, September 19, 2009
An attorney for an Austin woman charged with felony forgery filed a motion to dismiss the case Monday, claiming that what the woman was accused of doing was not actually forgery.
According to court documents, attorney Bruce Nestor claims that his client, Martha Isela Reynua, 29, who pleaded not guilty in June, did not commit aggravated forgery because she did not “falsely make or alter” an identification card, a necessary element of aggravated forgery cases.
Reynua allegedly obtained an authentic ID from the Minnesota Department of Motor Vehicles but did so with “false statements,” which Nestor argues would be a misdemeanor by state law — not a felony charge for aggravated forgery.
In addition, the attorney claims that the ID card itself does not create, terminate or transfer any legal right, privilege or obligation — another provision of what constitutes aggravated forgery by law.
The next hearing in the case is scheduled for Oct. 29.
The case stems from a June search of the home of Reynua’s sister Gloria Lizeth Reynua, 21, in Austin.
That search at 906 Fourth Ave. N.W. uncovered a number of fraudulent documents linked to family members, including Social Security cards, state ID cards and Quality Pork Processors work stubs, according to a criminal complaint.
During the search, Gloria Reynua attempted to text message Martha Reynua, warning her in Spanish to get away. Martha Reynua was not at the property.
Gloria Reynua pleaded not guilty to felony forgery and is scheduled for a pre-trial hearing on Oct. 9.
Another sister, Brenda Gabriel Reynua, 18, was home during the search. She has pleaded guilty to felony forgery.
Documents found in the house were also linked to Silvia Patricia Munoz-Rodriguez, 47, the mother of the three sisters, and her boyfriend, Cesar Hernandez-Islas, 28. Both are wanted on Mower County warrants. The attorney Nestor did not return a call for comment Friday afternoon.